Nicholas Konney Vrs Rebecca Konney [2022] GHADC 4 (27 October 2022)

Nicholas Konney Vrs Rebecca Konney [2022] GHADC 4 (27 October 2022)

The cumulative effect of the parties' conduct, including mistreatment, frustration, and introduction of a third party into the matrimonial home, exceeded normal marital discord and constituted unreasonable behaviour and constructive desertion. The marriage was found to have broken down beyond reconciliation.

Citation
[2022] GHADC 4
Parties
Petitioner: Nicholas Konney; Respondent: Rebecca Konney
Court
District Court
Jurisdiction
Ghana
Judgment Date
27 October 2022
Procedural Posture
Divorce Petition / Judgment
Outcome
Petition for divorce granted; marriage dissolved.
Legal Topics
Divorce, Custody, Maintenance, Compensation
Source Language
English
Family Law Divorce Custody Maintenance Compensation

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Parties

Nicholas Konney

Petitioner

Rebecca Konney

Respondent

Procedural Posture

Divorce Petition / Judgment

Legal Issues

  1. 1 Whether the marriage has broken down beyond reconciliation under Section 2(1) of the Matrimonial Causes Act, 1971
  2. 2 Whether the conduct of the parties amounts to unreasonable behaviour or desertion justifying dissolution of marriage
  3. 3 Custody, maintenance, and compensation entitlements upon dissolution

Ratio Decidendi

The cumulative effect of the parties' conduct, including mistreatment, frustration, and introduction of a third party into the matrimonial home, exceeded normal marital discord and constituted unreasonable behaviour and constructive desertion. The marriage was found to have broken down beyond reconciliation.

Court Disposition

Petition for divorce granted; marriage dissolved.

Orders

  • Marriage between Nicholas Konney and Rebecca Konney dissolved.
  • Marriage Certificate TMA/RM/2256/2012 cancelled; Divorce Certificate to issue.